5 HENRY STREET - BUILDING INSPECTION UPC 10333 yea
No.153L-3
HASTINGS. LO;
ON,ryW,TA CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
`-' 120 WASHINGTON STREET, 3RD FLOOR
( � SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
March 2, 2007
Decision
Petition of Jay Salem requesting a Variance _ `—
for the property at 3 Henry Street r,�_
City of Salem Zoning Board of Appeals xc'
_ N�f
n
A public hearing on the above petition was opened on February 21, 2007 pursuant to J' C)rr-
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members 0 7i
were present: Nina Cohen, Richard Dionne, Steven Pinto, Elizabeth Debski, Bonnie w m
Belair and Annie Harris. u,
r
The petitioner,Jay Salem, sought a Variance from rear yard setback to construct a sunroom for
the property located at 3 Henry Street, Salem, in the Single-Family Residential (R-1)
zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner's property is in the Single-Family Residential (R-1) district.
2. A preexisting deck is located in the proposed area for the new construction
and will be removed for the addition.
3. The petitioner was requesting a variance to allow for construction of a one-
story sunroom addition to be located in place of an existing non-conforming
deck.
4. The depth of the rear yard setback would be twenty-three (23) feet instead of
the required thirty (30) feet.
5. One (1) resident spoke in favor of the petition.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
y ..
I. The petitioner's request to for a Variance does not constitute substantial
detriment to the public good as residential additions are common in the R-1
district and the proposed addition will not substantially impact the abutters.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as residential dwellings are a permitted use
in the R-1 district.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen, Belair, Debski, Dionne, Harris) and none (0)opposed, to grant the request for a
Variance, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. Unless this Decision expressly provides otherwise, any zoning relief granted doe
not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50%) of its floor area of more than fifty percent (50%) of its replacement cost at
the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50%) of its replacement cost or more than fifty percent
(50%) of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance.
Nina Cohen
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK
Appeal from this decision, if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City clerk that
20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been
dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of Title.
�r0^0 e� CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
a SALEM, MA 01970
Mtn TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY
MAYOR
August 19, 2002
Henry Lucas Jr. Esq.
Kalis &Lucas
133 Washington,Street
Salem, Ma. 01970
RE: 5 Henry Street
Dear Mr. Lucas:
My opinion of the property known as 5 Henry Street (Map 15 Lot 95) is a legal
grandfathered buildable lot.
mcerely,
Q bC.tFiyt,.(,,
Thomas St. Pierre
Acting Building Commissioner
BK5736 PG452
MAeeACMUeeTTe QUITCLAIM DEKO aNORT FORM (INDIVIDUAU eel
I
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I, Jane A. Fournier
of Salem r Essex County, Massachusetts,
being unmarried, for consideration paid, grant to Jane A. Fournier and Gerald A. F ournie
as joint tenants, and not as tenants in common, both residing at 36
Barstow Street
of • Salem with guifrlttim rauraanla
the land in Salem, bounded and descri..bad—es —
y
Description and encumbrances, If eoyl _
Two certain lots of land situate on Grant Street , so-
� ;)� ,)^- � called, being lots numbered twenty and twenty-one_ as shown on a plan
rll of the Timothy Walton Estate, Salem, C. A. Putnam, surveyor May 1866
said parcel being bounded as follows:
��'�'� Beginning nt lot No. 22, on Grant Street, as shown on said
plan, thence running southwesterly by Grant Street, eighty (80) feet
to Lot No. 19, as shown on said plan, thence turning and running north.
westerly by lot No. 19, as shown on said plan, ninety (9Q) feet, to Lo
numbered 27 as shown on said plan, thence turning and running northerly
'I
ry � . but slightly easterly by lots numbered. 27 and 26 as shown on said plan
Iv � eighty (80) feet to lot numbered 22 as shown on said plan, thence turn
II� ine, and running easterly by said lot 22, ninety (90) feet to Grant
t✓ Street and the point begun at.
Being the same premises coriaeyed to the late Benjamin
Jaszewski by deed of harry E. Hodgkins , dated November 6, 1956, re-
corded with Essex ,South District Registry of Deeds in Dook 4324
Page 218.
� i
For my title see estate of Denjanrin Jaszewslci , Essex
Probate Court Docket No. 280988.
Consideration for the within conveyance, being less than
$100.00, no revenue stamps are required.
i
' Mibit�d �xat�hnamltR
relicaaxxaxdtY.gt7mt�rUxi MxB tt�af»ejcby dternxesj mthoaitendntersuxbm!�X
yiotorx m�tidtoxtcsttnd,
?t►ltiteas_m3'___hand and seal this------
----------
Oth`--day of_—December_19��_
the (gtunutaalaealtll of fi{aeeacEtuaelle
Essex, ss. December 30, 19 70
Then personally appeared the above named Jane A. Fournier
and acknowledged the foregoing Instrument to be her
/� free act and deed, before me
Charles F. 1`,annlngo.w Public i2'ir'GM.nt m6QFh2
r My Commisslon Expires
(• Individual — joint Tenant — Tenants in Common—Tenant by the Entirety.)
Essex se Recorded Dec. 30 , 1970 . 51 M . past 12 P . M . #90
•
Ll
Kalis & Lucas
(AN ASSOCIATION)
Attorneys at Law
133 Washington Street, Salem, Massachusetts 01970-3521
Tel. (978) 741-0862 Facsimile (978) 741-5644
Robert I. Kalis, Esq.
Henry A.Lucas,Jr.,Esq.
Betsy Brennan Norris
August 7, 2002
Building Commissioner
Salem City Hall
93 Washington Street
Salem, MA 01970
VIA FACSIMILE (978) 740-9846
RE: 5 Henry Street formerly known as Grant Street, Salem, MA
Dear Building Commissioner:
The present owner of the subject premises is under agreement to
sell the said premises, and the Buyer has requested that the Seller
provide him with a letter from you indicating that the subject premises
are buildable pursuant to zoning.
I have enclosed a copy of the last Deed in the chain of title from
my client' s mother, Jane A. Fournier, to herself and my client, Gerald
A. Fournier, being described in Paragraph two of said Deed, as having
eighty foot frontage on Henry Street [therein referred to as Grant
Street] and running ninety feet deep, eighty feet across the rear, and
ninety feet back to Henry Street . I have also enclosed a copy of the
1866 plan wherein the premises are shown as Lots 20 and 21 .
This property has been in separate ownership from any abutting
property from at least to the time of the Deed of Harry E . Hodgkins
dated November 6, 1956 recorded in Essex South District Registry of
Deeds in Book 4324 , Page 218 referred to in the aforesaid Deed to my
client .
Whereas the premises have more than fifty foot frontage and contain
more than five thousand square feet, I believe the premises are
buildable as a "grandfathered" residential lot pursuant to the
provisions of M.G.L.A. , c . 40A, 56 .
Thank you for your cooperation in this matter.
Very ru you
ry A. Lucas, Jr.
HAL/bb
"EACH ATTORNEY IN THIS OFFICE IS AN INDEPENDENT PRACTITIONER WHO
IS NOT RESPONSIBLE FOR THE PRACTICE OR LIABILITY OF ANY OTHER
ATTORNEY IN THIS OFFICE."
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SCALE OF 60 FT. TO AN INCH.
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CHS. A . PUTNAM, C.£.
Tti,,s /on hos beery ied�c.eo' So/em, web B, /<489 ?ec e l- ESSEX REG. OF DEEDS SO D%STRICT
fo/ CorreC� scO//,-�q see rn E_ssex eeq. RECEIVED FOR RECON%
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W. P A.PROJECT /tea-/•M;S78
Certificate No: 372-2003 Building Permit No.: 372-2003
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the RESIDENCE located at
Dwelling Type
----- ----- --- -
0005 HENRY STREET in the CITY OF SALEM
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
i
New single family home
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
------------ ------------------
Expiration Date
Issued On: Fri Jul 23, 2004 _ -- --- -. _ .. __. ..__.............._....-.... -..
GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. -------"""""-------------------'--'-'-'-'-'-------------------------------
Certificate No: 372-2003 Building Permit No.: 372-2003
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the RESIDENCE located at
Dwelling Type
0005 HENRY STREET in the CITY OF SALEM
Address Towni ty Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
New single family home
This permit is granted in conformity with the Statutes and ordinances relating thereto,and
expires unless sooner suspended or revoked.
Expiration Date
Issued On: Fri Jul 23, 2004 - - ------------------------------------------
---------------------------------
Geri 2003 Des Lauriers Municipal Solutions,Inc. — — ....... . .. ...... . .. .--- - --- -------- ------------------
0005 HENRY STREET 372-2003
Gs COMMONWEALTH OF MASSACHUSETTS
Map: 15 -„ '
Block: CITY OF SALEM
Lot. 0095
Permit Building`
Category. :` lO1New Single fa ly BUILDING PERMIT
Permit# :. 3722003 ,
Project# JS-2003-0918. _
Est.Cost-', "I' $130,000.00
Fee a $785.00: PERMISSION IS HEREBY GRANTED TO:
Const. Class: ; Contractor: License:
Use Group: ' -, '' Mark Fournier General Contractor-Salem#2109
Lot Size(sq ft:): 7200':' _"Owner: CONNOR REAL ESTATE
zonmg ;�:> Rl ,y
Applicant: CONNOR REAL ESTATE
Units Gained:'
Units Lost: �� ,AT: 0005 HENRY STREET
ISSUED ON: 04-Nov-2002 AMMENDED ON: EXPIRES ON: 01-May-2003
TO PERFORM THE FOLLOWING WORK.-
372-2003
ORK:372-2003 BUILD A SINGLE-FAMILY DWELLING. FRI)
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas - -Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Ron
ghp� �— � g /� ^� -
` / /a4q, Rou 1��`!rJ —�j' Foundation: 1_
(y�J
Final: '% Final:f1f �t_Rte' -�–6 ` Finales ?_ `J7 .� Rough Frame:
C/4 ( (-// Fireplace/Chinmey:
D.P.W. Fire Health
Insulation:
Meter: Oil: n
Final: 91C / •-23
House# moke 7�j�/O� J
Treasury:
Water: Alarm: y
Sewer: . Sprinklers:l
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF
ITS RULES AND REGULATIONS. ;A7a "� le- /91,p
Signature: �
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2003-000997 04-Nov-02 1807 $785.00
G'ali rf of 11"eirmit t0 'Q%upy `
ter'
GeoTMS®2002 Des Lauriers Municipal Solutions,Inc.
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nQVE Ag
CITY OF SALEM
BUILDING PERMIT
a T CITY OF SALEM MASSACHUSETTS
yPv DEPARTMENT OF PUBLIC SERVICES
� 120 WASHINGTON STREET, 4TH FLOOR
O'
SALEM, MASSACHUSETTS 01970
BRUCE D. THIBODEAU, P.E.
DIRECTOR OF PUBLIC SERVICES/CITY ENGINEER
STANLEY J. USOVICZ, JR. TEL: 978-745-9595 EXT. 321
MAYOR FAX: 978-745-0349
Memorandum
To: Frank DiPaolo
From:Joe Nerden
CC:
Date: 7/29/03
Re: 5 Henry Street- Site Grading violations
I visited the site with Bruce yesterday and we both concurred that the site has been altered in such a
way as to require a Drainage Alteration Plan be submitted by the property owner/developer for review
and approval by this office. Currently the site grading has impacted abutting properties behind the site
and to the left side of the site. There are both grading issues along the existing fence line of the two
properties as well as sedimentation problems due to erosion.
The plan originally submitted by the builder/owner for routing slip approval does not adequately depict
the condition that currently exists
Please revoke or suspend the Certificate of Occupancy,if already issued, until such time as this office
has approved a drainage alteration plan.
F QNernenl Henry Street 072903d _